27 U.S.C. § 122a : US Code - Section 122A: Injunctive relief in Federal district court

Search 27 U.S.C. § 122a : US Code - Section 122A: Injunctive relief in Federal district court

(a) Definitions
In this section -
(1) the term "attorney general" means the attorney general or
other chief law enforcement officer of a State or the designee
thereof;
(2) the term "intoxicating liquor" means any spirituous,
vinous, malted, fermented, or other intoxicating liquor of any
kind;
(3) the term "person" means any individual and any partnership,
corporation, company, firm, society, association, joint stock
company, trust, or other entity capable of holding a legal or
beneficial interest in property, but does not include a State or
agency thereof; and
(4) the term "State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States.
(b) Action by State attorney general
If the attorney general has reasonable cause to believe that a
person is engaged in, or has engaged in, any act that would
constitute a violation of a State law regulating the importation or
transportation of any intoxicating liquor, the attorney general may
bring a civil action in accordance with this section for injunctive
relief (including a preliminary or permanent injunction) against
the person, as the attorney general determines to be necessary to -

(1) restrain the person from engaging, or continuing to engage,
in the violation; and
(2) enforce compliance with the State law.
(c) Federal jurisdiction
(1) In general
The district courts of the United States shall have
jurisdiction over any action brought under this section by an
attorney general against any person, except one licensed or
otherwise authorized to produce, sell, or store intoxicating
liquor in such State.
(2) Venue
An action under this section may be brought only in accordance
with section 1391 of title 28 or in the district in which the
recipient of the intoxicating liquor resides or is found.
(3) Form of relief
An action under this section is limited to actions seeking
injunctive relief (a preliminary and/or permanent injunction).
(4) No right to jury trial
An action under this section shall be tried before the court.
(d) Requirements for injunctions and orders
(1) In general
In any action brought under this section, upon a proper showing
by the attorney general of the State, the court may issue a
preliminary or permanent injunction to restrain a violation of
this section. A proper showing under this paragraph shall require
that a State prove by a preponderance of the evidence that a
violation of State law as described in subsection (b) of this
section has taken place or is taking place.
(2) Additional showing for preliminary injunction
No preliminary injunction may be granted except upon -
(A) evidence demonstrating the probability of irreparable
injury if injunctive relief is not granted; and
(B) evidence supporting the probability of success on the
merits.
(3) Notice
No preliminary or permanent injunction may be issued under
paragraph (1) without notice to the adverse party and an
opportunity for a hearing.
(4) Form and scope of order
Any preliminary or permanent injunction entered in an action
brought under this section shall -
(A) set forth the reasons for the issuance of the order;
(B) be specific in terms;
(C) describe in reasonable detail, and not by reference to
the complaint or other document, the act or acts sought to be
restrained; and
(D) be binding upon -
(i) the parties to the action and the officers, agents,
employees, and attorneys of those parties; and
(ii) persons in active concert or participation with the
parties to the action who receive actual notice of the order
by personal service or otherwise.
(5) Admissibility of evidence
In a hearing on an application for a permanent injunction, any
evidence previously received on an application for a preliminary
injunction in connection with the same civil action and that
would otherwise be admissible, may be made a part of the record
of the hearing on the permanent injunction.
(e) Rules of construction
This section shall be construed only to extend the jurisdiction
of Federal courts in connection with State law that is a valid
exercise of power vested in the States -
(1) under the twenty-first article of amendment to the
Constitution of the United States as such article of amendment is
interpreted by the Supreme Court of the United States including
interpretations in conjunction with other provisions of the
Constitution of the United States; and
(2) under section 122 of this title as such section is
interpreted by the Supreme Court of the United States; but shall
not be construed to grant to States any additional power.
(f) Additional remedies
(1) In general
A remedy under this section is in addition to any other
remedies provided by law.
(2) State court proceedings
Nothing in this section may be construed to prohibit an
authorized State official from proceeding in State court on the
basis of an alleged violation of any State law.